On March 14th, U.S. EPA released its advanced pre-publication notice of proposed rulemaking which, if finalized, will establish for the first time national drinking water standards for PFAS under the Safe Drinking Water Act (SWDA). While many states have adopted drinking water standards, the U.S. EPA has yet to establish any national drinking water standards
Biden Administration Moves Forward with Phase 2 of NEPA Rule Revisions
On January 30, 2023, Phase 2 of the Biden Administration’s rule making revisions to Nation Environmental Policy Act (NEPA) were sent by the White House Council on Environmental Quality (CEQ) to the Office of Management and Budget (OMB). Once OMB completes its review the proposed rule will be published in the Federal Register for public
Final Round of Ohio Brownfield Grants Awarded
On December 16, 2022, Governor DeWine announced $88 million in grant funding for 123 brownfield remediation projects. This marks the third round of funding. Collectively, the three rounds of funding have resulted in a total of $341 million in grant funding awarded in one year. Of the $341 million in grant funds provided $19.2 million
U.S. EPA Endorses New ASTM Phase I Standard
On December 15, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule that endorses ASTM E1527-21 which provides a uniform standard for performing Phase I Environmental Assessments. The new rule will have an effective date of February 13, 2023. The EPA endorsement of the new ASTM Phase I standard means that the procedures
Game Changer- U.S. EPA Proposes to List PFOS and PFOA as “Hazardous Substances” Under CERCLA
The term “game changer” has been thrown around quite a bit with regard to EPA’s intention to list PFOS and PFOA as “hazardous substances” under CERCLA. The reason it is a game changer is that it will greatly simplify the evidence needed to support cleanup claims at any site where PFOS or PFOS contamination exists.
Biden Administration Accelerates Federal Regulation of PFAS
This week the Biden Administration released their PFAS Strategic Roadmap which sets forth ambitious action on regulation of Per- and Polyfluoroalkyl Substances (PFAS) pollution, including targeted action with deadlines for eight different federal agencies. The EPA’s stated goal is to focus on PFAS both upstream and downstream.
Upstream EPA intends to look at evaluating toxicity
Deja Vue All Over Again- No Certainty on Federal Regulation of Waters of the United States
An Arizona federal court has vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR). In the case of Pasqua Yaqui Tribe v. EPA, No. CV-20-00266 , the Court ruled that the Trump Administration’s regulatory effort to define the scope of the Clean Water Act (i.e. which rivers, streams and lakes are federally regulated) had “fundamental,
Ohio Budget Adds $500 Million in Brownfield Funding on a First Come First Served Basis
Since the sunset of the Clean Ohio Program in 2013, there has been a strong push for dedicated funding to address brownfield sites in Ohio. The Ohio 2022-2023 budget just signed by Governor DeWine comes through in a very big way by allocating $500 million in new funding under various programs. The budget allocates $350
Deja Vu All Over Again…Unwinding Trump ERA Regulations
Remember four years ago when newly elected President Trump promised to dramatically reduce Obama-era environmental regulations? President Trump vowed to eliminate two existing regulations for every newly adopted regulation. The Trump Administration argued that Obama era regulations added $1 trillion in additional costs on businesses.
However, what President Trump and many in the business community
States Scramble to Respond to Navigable Waters Protection Rule
The Trump Administration’s Navigable Waters Protection Rule (NWPR) went into effect on June 21, 2020. The NWPR greatly reduces federal jurisdiction over both streams and wetlands. Most significantly has been the impact to ephemeral streams (i.e. streams that have water only when it rains or there is snow fall).
However, even intermittent streams have less